Ms. Berkley
introduced the following bill; which was referred to the
Committee on Veterans’
Affairs

A BILL

To amend title 38, United States Code, to increase burial
benefits for veterans, and for other purposes.

1.

Short title

This Act may be cited as the
Veterans Burial Benefits Improvement
Act of 2012.

2.

Increase in
burial benefits for veterans

(a)

Burial and
funeral expenses

(1)

Section 2302(a) of title
38, United States Code, is amended by striking $300 and
inserting $3,000 (as increased from time to time under section 5312(a)
of this title).

(2)

Section 2303(a)(1)(A) of such title
is amended by striking $700 and inserting
$3,000.

(3)

Section 2307 of such title is amended
by striking $2,000, and inserting $4,000 (as increased
from time to time under section 5312(a) of this title),.

(b)

Plot
allowance

Section 2303(b) of such title is amended—

(1)

in paragraph (1),
by striking $700 and inserting $800; and

(2)

in paragraph (2),
by striking $700 the second place it appears and inserting
$800.

(c)

Annual
adjustment

Section 5312(a) of such title is amended by striking
and each rate of monthly allowance paid under section 1805 of this
title, and inserting each rate of monthly allowance paid under
section 1805 of this title, each rate of burial and funeral expenses provided
for under sections 2302(a) and 2307 of this title, and each rate of plot
allowance provided for under section 2303(b) of this title,.

(d)

Effective
date

(1)

Except as provided in
paragraph (2), the amendments made by this section shall apply to deaths
occurring on or after the date of the enactment of this Act.

(2)

No adjustments shall be made under
section 5312(a) of title 38, United States Code, as amended by subsection (c),
for fiscal year 2012 for rates of burial and funeral expenses provided for
under sections 2302(a) and 2307 of title 38, United States Code.

in the matter
preceding paragraph (1), by striking subsection (a) of this
section and all that follows through and who and
inserting the following: subsection (a), in the case of a veteran who is
eligible for a burial allowance under such subsection or under section 2302 of
this title, who was discharged from the active military, naval, or air service
for a disability incurred or aggravated in the line of duty, or who is a
veteran of any war and; and

(2)

in paragraph
(2)—

(A)

by striking
is eligible for a burial allowance under section 2302 of this title or
under subsection (a) of this section, or was discharged from the active
military, naval, or air service for a disability incurred or aggravated in line
of duty, and such veteran; and

(B)

by striking
clause (1) of this subsection and inserting paragraph
(1).

(b)

Restoration of
headstone or marker allowance

(1)

Allowance

Section
2306 of title 38, United States Code, is amended by adding at the end the
following new subsection:

(h)

In lieu of
furnishing a headstone or marker under subsection (a)(2) or (b), the Secretary,
in the Secretary’s discretion, having due regard for the circumstances in each
case, may reimburse the person entitled to request such headstone or marker for
the cost of acquiring a non-Government headstone or marker for placement in any
cemetery other than a national cemetery in connection with the burial or
memorialization of the deceased
individual.

.

(2)

Conforming
amendment

Subsection (g) of such section is amended by adding at
the end the following new paragraph:

(4)

Reimbursement may not be provided under
subsection (h) for the cost of acquiring a non-Government headstone or marker
in connection with the burial or memorialization of a person described in
section 2411(b) of this
title.

.

(3)

Clerical
amendment

Subsection (a) of such section is amended by moving the
margin of each of paragraphs (1) through (5) by two ems to the right.

(4)

Effective
date

The amendments made by this subsection shall apply with
respect to deaths occurring on or after the date of the enactment of this
Act.

4.

Expansion of
burial benefits for veterans

(a)

Homeless
veterans

(1)

In
general

Chapter 23 of such title is amended by inserting after
section 2302 the following new section:

2302A.

Funeral
expenses for homeless veterans not serving during wartime

(a)

Payment of
funeral expenses

The
Secretary, in the Secretary’s discretion, having due regard to the
circumstances in each case, may pay a sum not exceeding the amount authorized
under section 2302(a) of this title to such person as the Secretary prescribes
to cover the burial and funeral expenses of a deceased veteran described in
subsection (b) and the expense of preparing the body and transporting it to the
place of burial.

(b)

Homeless
veteran

A deceased veteran described in this subsection is an
individual—

(1)

whom the Secretary
determines—

(A)

is a homeless
veteran (as defined in section 2002(1) of this title);

(B)

has no next of kin
or other person claiming the body of the deceased veteran; and

(C)

does not have
available sufficient resources to cover burial and funeral expenses;

(2)

whose service in
the Armed Forces was not during wartime; and

(3)

who was
either—

(A)

discharged from the active military, naval,
or air service under honorable conditions; or

(B)

died during a period deemed to be active
military, naval, or air service under section 106(c) of this title.

(c)

Deductions

(1)

Except as provided in
this subsection, no deduction shall be made from the burial allowance because
of the veteran’s net assets at the time of the death of such veteran, or
because of any contribution from any source toward the burial and funeral
expenses (including transportation) unless the amount of expenses incurred is
covered by the amount actually paid therefore by the United States, a State,
any agency or political subdivision of the United States or of a State, or the
employer of the deceased veteran.

(2)

No claim shall be allowed—

(A)

for more than the difference between the
entire amount of the expenses incurred and an amount paid by the United States,
a State, any agency or political subdivision of the United States or of a
State, or the employer of the deceased veteran, as described in paragraph
(1);

(B)

when the burial allowance would revert
to the funds of a public or private organization or would discharge such an
organization’s obligation without payment; or

(C)

in any case where payment of expenses
of funeral, transportation, and interment for the veteran is made under any
other Act.

.

(2)

Clerical
amendment

The table of
sections at the beginning of such chapter is amended by inserting after the
item relating to section 2302 the following new item:

2302A. Funeral expenses for homeless
veterans not serving during
wartime.

.

(b)

Effective
date

The amendment made by subsection (a)(1) shall apply to
deaths occurring on or after the date of the enactment of this Act.

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